Diversity on the bench?

Judge Edwards-Stephens' impending retirement will leave the 5th Circuit with a few women but no minorities holding a gavel

Circuit Judge Sandra Edwards-Stephens speaks during a hearing for Ashley LeVelle at the Marion County Judicial Center in Ocala, Fla. on Thursday, August 1, 2013. LeVelle is charged with first-degree murder along with co-defendant Stevin Roopnarine in the shooting death of LaVar Watson, an Iraqi war veteran in 2011.

Published: Sunday, September 22, 2013 at 6:30 a.m.

Last Modified: Saturday, September 21, 2013 at 9:26 p.m.

This region's judiciary looked a lot different when Sandra Edwards-Stephens became a part of it.

In 1990, when she was elected as a Marion County judge, and in 2000, when she was appointed as a circuit judge in the 5th Judicial Circuit, she was the only black person holding either position and one of the few women.

Now, as she readies for retirement — Oct. 31 will be her last day on the bench — only one part of that picture has changed.

Some of those circuit judges are women. But there are no other minority judges.

The story is the same for the 11 county judges in the circuit's five counties: Some women, but no minorities.

This has not escaped Edwards-Stephens' notice.

“I was very aware of that fact, but I knew it was time for me to go ahead and go over into another area of my life,” she said.

Her position inside the Marion County Judicial Center will be filled by Circuit Judge Anthony Tatti, a former prosecutor and Ocala resident who is transferring in from Hernando County. The person appointed to replace Edwards-Stephens will likely take Tatti's place in Hernando.

Making the appointment will be Gov. Rick Scott. Helping him will be the 5th Judicial Circuit Judicial Nominating Commission, composed of laymen and attorneys.

The commission is scheduled to interview 22 applicants this upcoming week and get Scott its list of three to six nominees by Oct. 1.

But even if Scott appoints a minority to the bench — at least two of the 22 applicants are minorities, one African-American and one Hispanic — the racial diversity picture would be the same as it was in 1990.

Minority representation is evident in other parts of government within the circuit. In Marion County alone there are two black School Board members and a black Ocala City Council member. The former Ocala police chief is African-American.

But achieving racial diversity is tougher at the judicial level. To become a circuit judge — whether by election or appointment — a candidate must be an attorney in good standing who lives within the five counties.

As of Sept. 1 there were 1,201 lawyers in the circuit, according to the Florida Bar. Of the 72 percent who listed their race, 93 percent are white, 2.5 percent African-American, 3 percent Hispanic and 1 percent other, which includes Asian, American Indian and Pacific Islander.

“I certainly think diversity on the bench is a good thing, and I think as time goes by you will see that” improve, said the circuit's chief judge, Don Briggs, who sits in Lake County.

Overall, the black population in the five counties varies: Marion has 13 percent, Lake, 10.5 percent; Hernando, 5.5 percent; Sumter, 9 percent; and Citrus, 3 percent, according to census data.

Some members of the black community who were interviewed for this story hope the final list the governor receives includes qualified minority candidates. But Derek Schroth, chair of the nominating commission, pointed out that race is not included on the lengthy qualification list.

“The guidelines do not have any preferential treatment,” he said. “It's race-neutral.”

To be qualified, applicants must be members in good standing of the Florida Bar for five years, registered voters, and residents of the circuit. In addition, the nomination committee will consider the candidate's standing in the community, commitment to equal justice, knowledge of the law, professional reputation, and knowledge of and experience in the court.

“We look at that criteria and hopefully a minority candidate meets that criteria, and if so (that name or names) would certainly be sent up for consideration by the governor,” said Schroth.

He said the only way to ensure minority candidates are represented on the final nomination list would be to enact a type of affirmative action process. But courts have ruled against such moves.

One of the minority applicants is LeAnn Barnes, an assistant public defender and division chief for the misdemeanor and juvenile divisions.

Barnes, who is black, ran for a Marion County judge position in 2012 but lost to Tommy Thompson.

“I had no regrets about what I did,” said Barnes, calling it an experience like no other. She took almost 41 percent of the vote.

Barnes said she looks forward to her interview with the nominating commission and hopes a qualified minority candidate replaces Edwards-Stephens.

“My experience is she's stern and she knows the law and I was inspired from her,” Barnes said. “There's always a need for diversity. We can learn from everybody. I think everybody's different.”

Barnes said she does think race plays a factor and said she has to prove herself more because she is a minority.

She hopes the most qualified candidate also reflects the community's diversity, and said even if she doesn't prevail this time, she won't stop trying.

Scott came under criticism in January from black lawmakers for not appointing as many minority candidates to the bench as his predecessors did.

In eight years, Gov. Jeb Bush appointed a total of 416 judges, including 52 Hispanics, one Asian/other and 41 African-Americans.

In four years, Gov. Charlie Crist appointed 180 judges, including 16 Hispanics, two Asian/other and 15 African-Americans.

During his two years in office, Scott so far has appointed 121 judges, including 13 Hispanics, two Asian/other and six African-Americans.

“There's a sentiment in the black community that we need not apply because we don't think like you,” state Rep. Darryl Rouson, D-St. Petersburg, said during a January roundtable meeting with Scott, who is a Republican.

Rouson was responding to a comment from Scott that he would only appoint judges with a conservative thought process, according to Rouson's legislative assistant, Barclay Harless.

“Governor Scott appoints the most qualified candidate who will follow the rule of law from nominees provided by the Judicial Nominating Commission,” said John Tupps, spokesman for Scott.

Briggs also noted that no governor alone is responsible for the makeup of the judiciary. Some judges are elected outright, and even appointed judges must stand for re-election every six years.

The person Scott picks to replace Edwards-Stephens will come up for re-election in 2014, which is when Edwards-Stephens was due to be back on the ballot.

When Marion County NAACP President Loretta Jenkins was asked if she had lobbied the nominating commission to consider minority applicants, she admitted to being unaware the interviews would be held this upcoming week. However, she said her organization would become active in pushing for a minority candidate.

She noted the low number of black lawyers in this area and said the NAACP is trying to educate the younger generation about all the possible job opportunities open to them.

“They have to be motivated within themselves to want to be a servant,” she said.

The issue of minority representation in the judiciary is discussed beyond the 5th Judicial Circuit.

“I think the judiciary nationwide, whether you are taking about at the state or at the federal level, doesn't reflect the diversity of the general population,” said Judith Scully, a Stetson University law professor.

She said 24 state supreme courts are all white, and two top courts are all male.

“That shows me there's a problem nationwide,” she said.

Race, age, economic status, gender, sexual orientation and professional background are all areas that could be taken into consideration for potential candidates, Scully said.

“This issue of diversity is more important, not just in terms of a head count, but in building trust in the community, as well,” she said.

Several weeks ago, attorneys defending Michael Woods, 30, in one of his first-degree murder cases argued that prosecutors in the 5th Judicial Circuit disproportionately sought capital punishment against minority defendants.

Prosecutors disagreed. But to support its theory that Woods faced a discriminatory system, the defense presented testimony from author Marvin Dunn, whose books include “The Beast in Florida: A History of Anti-Black Violence.”

“The impact of race can be seen in both schools and court,” Dunn testified, explaining there should be more minorities serving on the bench.

Dunn said racism was still alive in Florida and said education is key to eradicating these feelings.

One of Woods' defense attorneys, Terence Lenamon, said there is likely a qualified female black candidate who could do the job and that he believes it would be fitting for such a candidate to be appointed to replace Edwards-Stephens.

“I think, it certainly concerns me, if you see a historical pattern that the jurisdiction is not being diverse in its placement of judges,” Lenamon said.

When she was asked if diversity should be an important quality for selection of a judge, Edwards-Stephens referred to the inclusive nature of American society.

“Why should it (diversity) not be?” she asked.

Contact April Warren at 867-4065 or april.warren@ocala.com.

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